Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered May 29, 2014, which denied defendant New York City Housing Authority's motion for summary judgment dismissing the complaint, unanimously modified, on the law, to dismiss plaintiff's claims arising from defendant's discretionary act in providing plaintiff's family the sixteenth floor apartment, and otherwise affirmed, without costs.
The motion court correctly determined that issues of fact exist...
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